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2006-008 s: \Our Documents\Ordinances\06\Z05-0027.doc ORDINANCE NO. dOO(o - CD S; AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU-12) TO THE NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CALSSIFICATION AND USE DESIGNATION WITH AN OVERLAY DISTRICT FOR APPROXIMATELY 2.63 ACRES, GENERALLY LOCATED 150 FEET EAST OF CARROLL BLVD. AND NORTHWEST OF THE INTERSCTION OF WESTWAY STREET AND ANNA STREET LEGALLY DESCRIBED AS LOTS 4, 5, 6, & 7, IN THE T. N. SKILES SUBDIVISION, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z05- 0027) WHEREAS, David Fuller has applied for a change in zoning for approximately 2.63 acres which is legally described as Lots 4,5,6 & 7 of the T. N. Skiles Addition (the "Property") from Neighborhood Residential Mixed Use 12 (NRMU-12) to Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation: and WHEREAS, the City Council makes the following findings: a. The change in zoning, including the overlay district, is consistent with the Comprehensive Plan; and b. The overlay district will protect and enhance the Property and surrounding area which are distinct from lands and structures outside of the overlay district and the immediate neighborhood; and c. The regulations imposed in the overlay district serve important and substantial public interests by preserving the integrity of the neighborhood surrounding the overlay district while offering a different type of residential home to the public and the neighborhood; and WHEREAS, on December 14, 2005, the Planning and Zoning Commission concluded a public hearing as required by law, and recommended approval of the requested change in zoning; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTOl'1 HEREBY ORDAINS: SECTION I. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The zoning district classification and use designation of the Property is hereby changed from Neighborhood Residential Mixed Use 12 (NRMU-12) to Neighborhood S :\Our Documents\Ordinanccs\06\Z05-002 7.doc Residential Mixed Use (NRMU) zoning district classification and use designation, with an overlay district containing the following restrictions and conditions: a. Only professional services and office uses are permitted. b. Building height shall be a maximum of twenty-five feet. c. Maximum lot coverage shall be 75%. d. The floor area of the building footprint shall not exceed 2,600 feet. SECTION 3 . The City's official zoning map is amended to show the change in zoning district classification. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of the provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 6. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the '3 J-d day of , 2006. t! /I . C~ EULINE BROCK, MAYOR vL ATTEST: JENNIFER WALTERS, CITY SECRETARY BY ?-PM '"{ / JIJpt,{, ~ BY: EY